Tenants Secure Rent Repayment Order: Flat 2 Speakman House, Gibraltar Walk, London E2 7EW

Introduction

In a recent tribunal decision dated 6 March 2025, Mr. Mohammed Imran Hussein was ordered to repay £4,124 to his former tenant, Mr. Louis Nesbitt, for operating an unlicensed rental property. This case shows that landlords must follow housing laws, and tenants have the right to get their money back if they don’t.

Background

Property: Flat 2 Speakman House, Gibraltar Walk, London E2 7EW

Tenant: Mr. Louis Nesbitt

Landlord: Mr. Mohammed Imran Hussein

Tenancy Duration: August 2021 to October 2023

The property is a three-bedroom flat located in the Weavers ward of the London Borough of Tower Hamlets (LBTH). Since October 2016, this area has been subject to a selective licensing scheme requiring all privately rented properties to be licensed, regardless of the number of occupants. Despite this requirement, the property in question was not licensed during Mr. Nesbitt's tenancy.

Tribunal Proceedings

Mr. Nesbitt applied for a Rent Repayment Order (RRO) on 6 March 2024, asserting that his landlord had committed an offence by managing or controlling a house that required a license but was not licensed, in violation of the Housing Act 2004. The tribunal issued standard directions on 18 June 2024, but the respondents did not comply. The hearing was initially scheduled for 13 November 2024 but was adjourned due to the landlord's absence. The hearing was relisted for 5 March 2025, during which both parties attended and provided evidence.

Tribunal Findings

Unlicensed Property: The property required a license under the selective licensing scheme but was not licensed during the tenancy.

Landlord's Responsibility: Mr. Hussein, as the leasehold owner and sole director of the companies involved, was deemed responsible for the management and control of the property.

Rent Repayment Order: The tribunal ordered Mr. Hussein to repay £4,124 to Mr. Nesbitt, representing the rent paid during the period the property was unlicensed.

Implications for Landlords and Tenants

For Landlords:

Compliance with Licensing Requirements: Landlords must ensure their properties comply with local licensing schemes to avoid legal action and financial penalties.

Active Participation in Legal Proceedings: Engaging in tribunal proceedings is crucial. Non-compliance can result in unfavorable judgments.

For Tenants:

Awareness of Rights: Tenants should be aware of their rights regarding property licensing and can seek Rent Repayment Orders if landlords fail to comply with legal requirements.

Legal Recourse: Tenants have the right to apply for an RRO if they believe their landlord is operating an unlicensed property.

Conclusion

This case underscores the importance of adhering to housing regulations and the avenues available to tenants when landlords fail to meet their legal obligations. Both landlords and tenants should be well-informed about their rights and responsibilities to ensure compliance and protect their interests.

For more detailed information, you can read the full tribunal decision.